The Supreme Court in its judgment of 21 October 2011 case file IV CSK 133/11 held that the respective remuneration for the culpable infringement as defined in Article 79(1) pt. 3 letter b of the Polish Act of 4 February 1994 on Authors Rights and Neighbouring Rights – ARNR – (in Polish: ustawa o prawie autorskim i prawach pokrewnych), published in Journal of Laws (Dziennik Ustaw) No 24, item 83, consolidated text of 16 May 2006, Journal of Laws (Dziennik Ustaw) No 90, item 631, with subsequent amendments, does not depend on proof of actual damage that was suffered by the rightholder.

See also “Polish regulations on copyright” and “Polish case law on copyright“.

Categories: Art. 79 ARNR | copyright infringement | copyright law | Polish Act on Authors Rights and Neighbouring Rights | Polish courts | Polish law | Polish Supreme Court.